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V3120-15 16 October 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión total no proporcional

Non-proportional total demerger may qualify for the special regime if the assets constitute business lines

A query is made as to whether a non-proportional total demerger may apply the special regime of the Corporate Income Tax. The DGT indicates that, for this to be possible, the segregated assets must constitute autonomous business lines and the operation must have valid economic reasons.

The question raised

Question posed: Whether the described operation may qualify for the special tax regime of Chapter VII of Title VII of Corporate Income Tax Law 27/2014, of November 27.

The DGT's ruling

In a non-proportional total demerger, the spun-off assets must constitute business lines, understood as autonomous economic units capable of operating by their own means. The operation must be carried out for valid economic reasons, such as the restructuring or rationalization of activities, and not for the purpose of obtaining a tax advantage. The existence of prior transfers of shares does not affect the neutrality of the regime. The classification as a business line is a matter of fact that must be proven before the Administration.

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